T.BEENA Vs. SEEMATTI

JUDGEMENT

(1.) As is well recognised, Trademarks are brand identifiers and axiomatically, a very valuable asset for the registrant business. It is, therefore, without any surprise that a registrant would fiercely invoke every remedy available in law, when a trademark registered in his/its favour is suspected to be infringed or violated by another.

(2.) This case, at the instance of the owner of a Trademark, presents the classic tussle between a registrant and the one who is alleged to have infringed it.

(3.) The plaintiff in O.S.No.42/2018, on the files of the District Court, Ernakulam, has appealed herein, impugning the unfavourable order in I.A.No.7312/2018, which was filed by her seeking prohibitory injunction against the respondent-Firm from infringing her registered trademark or in any manner using the same deceptively in their business.